HomeMy WebLinkAboutAppendix AAPPENDIX A
City Commission Resolution No. R-17-0321, adopted July 13, 2017, with all
attachments and exhibits thereto,
As the "Preliminary Assessment Resolution"
and
the "Initial Assessment Resolution"
City Commission
Meeting Agenda July 13, 2017
RE - RESOLUTIONS
RE.1 RESOLUTION
2383
Office of Management
and Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI,
FLORIDA ("CITY"); DESCRIBING THE METHOD OF ASSESSING
SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE
CITY; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 14, 2017, OR
ANY OTHER DATE BEFORE SEPTEMBER 15, 2017 WHICH IS (A) SET
BY THE CITY COMMISSION, AND (B) PUBLICLY NOTICED, AND
DIRECTING THE PROVISION OF NOTICE(S) THEREOF; FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR
THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE
DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION
TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE
ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE;
PROVIDING FOR ADDITIONAL LEASED GARBAGE CONTAINER(S)
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017; AND
PROVIDING FOR AN EFFECTIVE DATE.
2383 Appendix A
2383 Appendix B
2383 Appendix C
2383 Appendix D
2383 Appendix E
2383 Appendix F
2383 Back -Up from Law
City of Miami Page 16 Printed on 7/3/2017
City of Miami
Legislation
Resolution R-17-0321
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2383 Final Action Date: 7/13/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES,
AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA ("CITY"); DESCRIBING
THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTIES
LOCATED WITHIN THE CITY; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER
14, 2017 OR ANY OTHER DATE BEFORE SEPTEMBER 15, 2017 WHICH IS (A)
SET BY THE CITY COMMISSION AND (B) PUBLICLY NOTICED, DIRECTING
THE PROVISION OF NOTICE(S) THEREOF; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER
OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE
LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED
INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR
THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE;
PROVIDING FOR ADDITIONAL LEASED GARBAGE CONTAINER(S) FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2017; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Authority. This Resolution is adopted pursuant to the provisions of
Ordinance No. 11807, adopted June 22, 1999, which amended Chapter 22-12 of the Code of
the City of Miami, Florida ("City Code"), as further amended by Ordinance No. 13693, adopted
July 13, 2017, Sections 166.021, 166.041, 197.3632, 197.3635, and 403.7049, Florida Statutes,
and other applicable provisions of law.
Section 2. Purpose and definitions. This Resolution constitutes the Initial
Assessment Resolution. All capitalized words and terms not otherwise defined herein shall
have the meanings set forth in Chapter 22 of the City Code, Unless the context indicates
otherwise, words imparting the singular number include the plural number and vice versa. As
used in this Resolution, the following terms shall have the following meanings unless the context
hereof otherwise requires:
"Additional Leased Garbage Container(s)" means one or more additional garbage
container(s) leased by an Assessed Property owner pursuant to Sections 22-2 and 22-12 of the
City Code.
"Assessed Property" and "Assessed Properties" mean(s) (A) those residential properties
of single family and multifamily residences of three (3) units or less and (B) those other
residential units historically allowed to be assessed under Section 22-16 of the City Code, all of
which are located within the City and which are Residential units as defined in the City Code,
which are also Dwelling Units as defined below, and that are identified to be included in the
Assessment Roll pursuant to Section 22-12 of the City Code and this Initial Assessment
Resolution pursuant to the Miami -Dade County Land Use Codes ("CLUC Codes") as specified
in "Appendix A", County Land Use Codes, and "Appendix B", Property Use Categories.
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"Commercial Property" means those properties with a code description designated as
"Commercial" in the CLUC Codes as specified in "Appendix B", Property Use Categories.
"Cost Apportionment" means the apportionment of the Solid Waste Assessed Cost
among all "Appendix B", Property Use Categories, according to the demand percentages
related to the delivery of Solid Waste services to residential Dwelling Units established pursuant
to the Cost Apportionment methodology described in Section 6 of this Initial Assessment
Resolution.
"Dwelling Unit" means (A) a Building or a portion thereof available to be used for
residential purposes, consisting of one or more rooms arranged, designed, used, or intended to
be used as living quarters for one family only or (B) the use of land in which lots or spaces are
offered for rent or lease for the placement of mobile homes, travel trailers, or the like for
residential purposes.
"Estimated Solid Waste Assessment Rate Schedule" means that rate schedule attached
as "Appendix C", Estimated Solid Waste Assessment Rate Schedule, which is incorporated
herein by reference, specifying the Solid Waste Assessed Costs determined in Section 8 of this
Initial Assessment Resolution and the estimated Solid Waste Assessments established in
Section 8 of this Initial Assessment Resolution.
"Industrial/Warehouse Property" means those tax parcels with a CLUC Code description
designated as "Industrial/Warehouse" in the CLUC Codes as specified in attached "Appendix
B", Property Use Categories.
"Parcel Apportionment" means the apportionment of the Solid Waste Assessed Costs for
Solid Waste services among all residential properties for single family and multi -family
residences of three (3) units or less on a per Dwelling Unit basis for Residential unit(s) as
defined in the City Code pursuant to the Parcel Apportionment methodology described in
Section 7 of this Initial Assessment Resolution.
Section 3. Provision and funding of Solid Waste services,
(A) Upon the imposition of Solid Waste Assessments for Solid Waste services,
facilities, or programs against Assessed Property located within the City, the City shall provide
Solid Waste services to such Assessed Property. A portion of the cost to provide such Solid
Waste services, facilities, or programs shall be funded from proceeds of the Solid Waste
Assessments. The remaining cost required to provide Solid Waste services, facilities, and
programs shall be funded by legally available City revenues other than Solid Waste Assessment
proceeds.
(B) It is ascertained, determined, and declared that each parcel of Assessed
Property located within the City will be benefited by the City's provision of Solid Waste services,
facilities, and programs in an amount not less than the Solid Waste Assessment imposed
against such parcel in the manner set forth in this Initial Assessment Resolution.
Section 4. Imposition and computation of Solid Waste Assessments. Pursuant to
Section 22-2 of the City Code, the City provides Solid Waste services to (A) single and multi-
family residences of three (3) units or less and (B) those other residential units historically
allowed to be assessed under Section 22-16 of the City Code, all of which are located within the
City. Solid Waste services include, but are not limited to, (A) garbage collection, conveyance,
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and disposal services twice a week; (B) recycling collection, conveyance, and disposal services
every other week; and (C) bulky waste collection, conveyance, and disposal services on a
weekly basis. Solid Waste Assessments shall be imposed against all residential parcels for
single family and multi -family residences of three (3) units or less. Additionally, the City has
historically imposed and continues to impose Solid Waste Assessments upon those other
residential units historically allowed to be assessed under Section 22-16 of the City Code. The
Director of the Department of Solid Waste, in the manner set forth in this Initial Assessment
Resolution, shall compute Solid Waste Assessments for the Assessed Properties. The amount
of the Solid Waste Assessment imposed upon improved residential property within the City is
equal to the cost of the processing and disposal of Solid Waste generated from such residential
property for the period of October 1, 2017 to September 30, 2018. The Solid Waste
Assessment is imposed equally upon all Assessed Properties located within the City. No profit
is included within the Solid Waste Assessment. The amount of the Solid Waste Assessment is
apportioned to the Assessed Properties in an amount equal to or less than the benefit received
by such residential properties which are Residential unit(s) as defined in the City Code.
Section 5. Legislative determination of special benefit and fair apportionment. It is
ascertained and declared that the Solid Waste Assessed Costs provide a special benefit to each
Assessed Property based upon the following legislative determinations.
(A) Upon the adoption of this Initial Assessment Resolution determining the Solid
Waste Assessed Costs and identifying the Assessed Properties to be included in the
Assessment Roll, the legislative determinations of special benefit ascertained and declared
herein are ratified, approved, adopted, confirmed, and incorporated into this Initial Assessment
Resolution by reference.
(B) Solid Waste services possess a logical relationship to the use and enjoyment of
improved residential property by (1) protecting and enhancing the value of the improvements
and structures through the provision of available Solid Waste services; (2) protecting the
attractiveness, health, safety, and welfare of intended occupants in the use and enjoyment of
improvements and structures within improved residential parcels; (3) bettering the services to
owners and tenants; and (4) enhancing environmentally responsible use and enjoyment of
residential land,
(C) All of the annual Department of Solid Waste budget, a portion of which may be
funded from special assessment proceeds, is required to meet anticipated demand for the
delivery of Solid Waste services to (1) single family and multi -family residences of three (3)
units or less and (2) those other Residential units historically allowed to be assessed under
Section 22-16 of the City Code, all of which are located within the City which are Dwelling Units
as defined above and which are Residential unit(s) as defined in the City Code.
(D) It is fair and reasonable to use the CLUC Codes for the Cost Apportionment and
the Parcel Apportionment because (1) the Miami -Dade County Property Appraiser's Tax Roll
("Tax Roll") database employing the use of such property use codes is the most
comprehensive, accurate, and reliable information readily available to determine the property
use and Building Area for improved residential properties within the City and (2) the Tax Roll
database, within which such property use codes are maintained by the Miami -Dade County
Property Appraiser ("Property Appraiser"), allows for the development of an Assessment Roll of
Assessed Properties (collectively, "Assessment Roll") with residential parcel designations
compatible with those used on the Tax Roll in conformity with the requirements of the Uniform
Method of Collection under Sections 197.3632 and 197.3635, Florida Statutes.
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(E) The data available in the CLUC Codes is useful because the CLUC Codes
represent records maintained by the Property Appraiser with the most available publicly
recorded information relative to a particular residential property.
(F) Apportioning Solid Waste Assessed Costs among classifications of improved
residential property for (1) single family and multi -family residences of three (3) units or less,
and (2) those other residential units historically allowed to be assessed under Section 22-16 of
the City Code, all of which are located within the City based upon historical demand for Solid
Waste services by such residential properties, is fair and reasonable and proportional to the
special benefit received by such residential properties.
(G) The size or the value of the residential property does not determine the scope of
the required Solid Waste service. The potential demand for Solid Waste services is driven by
the existence of a Dwelling Unit which is a Residential unit as defined in the City Code and the
anticipated average occupant population of such Dwelling Unit.
(H) Apportioning the Solid Waste Assessed Costs for Solid Waste services
attributable to residential property for (1) single family and multi -family residences of three (3)
units or less and (2) those other residential units historically allowed to be assessed under
Section 22-16 of the City Code, all of which are located within the City, on a per Dwelling Unit
basis (1) is a fair and reasonable method of Parcel Apportionment based upon historical City
Solid Waste service data for such residential properties which are Residential unit(s) as defined
in the City Code and (2) is required to avoid cost inefficiency and unnecessary administration.
Section 6. Cost Apportionment methodology.
(A) The City determined the cost of Solid Waste services by analyzing data from the
Department of Solid Waste related to the delivery of Solid Waste services to residential Dwelling
Units. The City provides garbage and trash collection to every Residential unit as defined in the
City Code which is a Dwelling Unit, The City transports to and disposes the collected Solid
Waste material at locations not under the control of the City. Consequently, the City pays what
is commonly referred to as a "tipping fee" for said disposal.
(B) The cost was garnered by determining the total cost of the Solid Waste services
to the Residential units as defined in the City Code, including but not limited to, equipment,
salaries, and tipping fees. Those Solid Waste costs were then apportioned on an equal basis to
each of the parcels with the Residential Property Use Category on a per Dwelling Unit basis.
(C) The fact that any Residential unit as defined in the City Code which is located in
the City is occupied shall be proof that garbage, trash, or other refuse is being produced or
accumulated upon such premises. However, a temporary residential vacancy, regardless of
duration, shall not authorize a refund or excuse the nonpayment of the Solid Waste
Assessment,
(D) "Appendix B", attached and incorporated, contains a designation of Code
Descriptions by Property Use Category with the CLUC Codes. Except for Tax Parcels for those
other residential units historically allowed to be assessed under Section 22-16 of the City Code,
Tax Parcels with a Multi -Family Residential Property Use Category for Residential units of more
than three (3) Dwelling Units and Tax Parcels within the Single Family Residential Property Use
Category designated as Cluster Home, Mobile Home, Condominium, or Cooperative shall not
be assessed because the City does not provide service to them. They shall, however, have
services provided by a Commercial Solid Waste Collector as provided for in the City Code.
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Section 7. Parcel Apportionment methodology.
(A) The apportionment among Tax Parcels of that portion of the Solid Waste
Assessed Costs apportioned to each Residential Property Use Category under the Cost
Apportionment shall be consistent with the Parcel Apportionment methodology described and
determined in the attached "Appendix D" which Parcel Apportionment methodology is ratified,
confirmed, approved, adopted, and incorporated into this Initial Assessment Resolution by
reference,
(B) It is acknowledged that the Parcel Apportionment methodology described and
determined in the attached "Appendix D" is to be applied in the calculation of the estimated
Solid Waste Assessment rates established in Section 8 of this Initial Assessment Resolution.
Section 8. Determination of Solid Waste Assessed Costs; establishment of initial
Solid Waste Assessments.
(A) The Solid Waste Assessed Costs to be assessed and apportioned among
benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the
Fiscal Year commencing October 1, 2017 is the amount determined in the Estimated Solid
Waste Assessment Rate Schedule, attached and incorporated as "Appendix C." The approval
of the Estimated Solid Waste Assessment Rate Schedule by the adoption of this Initial
Assessment Resolution determines the amount of the Solid Waste Assessed Costs. The
remainder of such Fiscal Year budget for Solid Waste services, facilities, and programs shall be
funded from available City revenues other than Solid Waste Assessment proceeds.
(B) The estimated Solid Waste Assessments specified in the Estimated Solid Waste
Assessment Rate Schedule, attached and incorporated as "Appendix C" are estimated at this
time to fund the specified Solid Waste Assessed Costs determined to be assessed in the Fiscal
Year commencing October 1, 2017. The City Manager is authorized' and directed as set forth
below in Section 9 to finalize and establish the number of households necessary to determine
the preliminary Assessment Roll and the resulting total revenue.
(C) The estimated Solid Waste Assessments established in this Initial Assessment
Resolution shall be the estimated assessment rates applied by the City Manager in the
preparation of the preliminary Assessment Roll for the Fiscal Year commencing October 1, 2017
as provided in Section 9 of this Initial Assessment Resolution.
Section 9. Assessment Roll.
(A) The City Manager is authorized' and directed to prepare, or cause to be
prepared, a preliminary Assessment Roll for the Fiscal Year commencing October 1, 2017 in the
manner provided in Section 197.3632, Florida Statutes. The Assessment Roll shall include all
Tax Parcels within the Residential Property Use Categories for (1) single family and multi -family
residences of three (3) units or less and (2) those other residential units historically allowed to
be assessed under Section 22-16 of the City Code, all of which are located within the City and
all of which are Residential unit(s) as defined in the City Code and which are Dwelling Units as
defined above, The City Manager shall apportion the estimated Solid Waste Assessed Cost to
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 5 of 7 File ID: 2383 (Revision: A) Printed on: 8/25/2017
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be recovered through Solid Waste Assessments in the manner set forth in this Initial
Assessment Resolution. A copy of this Initial Assessment Resolution, documentation related to
the estimated amount of the Solid Waste Assessed Cost to be recovered through the imposition
of Solid Waste Assessments, and the preliminary Assessment Roll shall be maintained on file in
the Office of the City Clerk and open to public inspection. The foregoing shall not be construed
to require that the preliminary Assessment Roll be in printed form if the amount of the Solid
Waste Assessment for each parcel of property can be determined by the use of a computer
terminal available to the public.
(B) It is ascertained, determined, and declared that the method of determining the
Solid Waste Assessments for Solid Waste services as set forth in this Initial Assessment
Resolution is a fair and reasonable method of apportioning the Solid Waste Assessed Cost
among parcels of Assessed Property located within the City.
(C) The City Manager is authorized' and directed to determine the applicable number
of households for the Assessment Roll on or before the latest possible date before submission
of such required information to the Property Appraiser for the Estimated Solid Waste
Assessment Rate Schedule for the Fiscal Year commencing October 1, 2017.
Section 10. Method of collection. The Solid Waste Assessments shall be collected
under the combined notice for ad valorem taxes and non -ad valorem assessments in
substantially the same manner as provided in Sections 197.3632 and 197.3635, Florida
Statutes.
Section 11. Authorization of public hearing. There is established a public hearing to
be held at 5:05 p.m. on September 14, 2017, or on any other date before September 15, 2017
which is (1) set by the City Commission and (2) publicly noticed, in the City Commission
Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, at which time the City
Commission will receive and consider any comments on the Solid Waste Assessments from the
public and affected property owners and consider imposing Solid Waste Assessments and
collecting such assessments using the uniform method provided in Section 197.3632, Florida
Statutes. Nothing shall preclude the City Commission from recessing and reconvening the
public hearing at another date and time or at another site or facility to make the attendance or
participation by all interested persons more comfortable or convenient.
Section 12. Notices. The City Manager shall publish a notice of the public hearing
authorized by Section 11 hereof in the manner and time provided for in Sections 197.3632(4)(b)
and 197.3635, Florida Statutes. The notice shall be published pursuant to Section 197.3632,
Florida Statutes, at least twenty (20) days prior to the required public hearing, in substantially
the form attached as "Composite Appendix E, E-1". Additionally, the City Manager shall also
comply with the notice provisions regarding "Notice of Ad Valorem Taxes and Non -ad Valorem
Assessments" of Section 197-3635, Florida Statutes, in substantially the form attached as
"Composite Appendix E, E-2". The City Manager shall also publish a notice of "Full Cost
Accounting for Solid Waste Management" in accordance with Section 403.7049, Florida
Statutes, and Florida Administrative Code Chapter 62-708.
Section 13. Application of Solid Waste Assessment proceeds. The approval of the
Estimated Solid Waste Assessment Rate Schedule by the adoption of this Initial Assessment
Resolution determines the amount of the Solid Waste Assessed Costs. The remainder of such
Fiscal Year budget for Solid Waste services, facilities, and programs shall be funded from
legally available City revenues other than Solid Waste Assessment proceeds. Proceeds derived
by the City from the Solid Waste Assessments will be utilized for the provision of Solid Waste
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services, facilities, and programs. In the event there is any fund balance remaining at the end of
the Fiscal Year, such balance shall be carried forward and used only to fund Solid Waste
services, facilities, and programs,
Section 14. Additional Leased Garbage Container(s) for the Fiscal Year Beginning
October 1, 2017. Ordinance No. 13693, adopted on July 13, 2017, amends Sections 22-2 and
22-12 of the City Code to provide for the owner of an Assessed Property to obtain one or more
additional leased garbage containers for Solid Waste with the additional fee per Additional
Leased Garbage Container to be charged separately and billed separately to the owner by the
City's Department of Solid Waste for the Fiscal Year beginning October 1, 2017. For the Fiscal
Years beginning October 1, 2018 and thereafter, the fee(s) charged for any Additional Leased
Garbage Container(s) shall be charged and collected for each one year period by using the tax
bill collection method as set forth in Sections 22-2 and 22-12 of the City Code.
Section 15. Effective Date. The provisions contained in this Initial Assessment
Resolution shall take effect immediately upon its passage, adoption, and signature of the
Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
Page 7 of 7 File ID: 2383 (Revision: A) Printed on: 8/25/2017
Appendix A
County Land Use Codes (CLUC)
0000 REFERENCE ONLY
0001 RESIDENTIAL - SINGLE FAMILY
0002 DUPLEX
0003 MULTIFAMILY 3 OR MORE UNITS
0004 RESIDENTIAL - TOTAL VALUE
0005 CLUSTER HOME
0006 MOBILE HOME
0007 CONDOMINIUM - RESIDENTIAL
0008 COOPERATIVE - RESIDENTIAL
0009 MIXED USE - RESIDENTIAL
0010 TOWNHOUSE
0011 RETAIL OUTLET
0012 REPAIRS - NON AUTOMOTIVE
0013 OFFICE BUILDING
0014 WHOLESALE OUTLET
0015 ENTERTAINMENT
0016 LEASEHOLD INTEREST
0017 COMMERCIAL - TOTAL VALUE
0018 CONDOMINIUM - COMMERCIAL
0019 AUTOMOTIVE OR MARINE
0020 DOCK - TOTAL VALUE
0021 HOTEL
0022 MOTEL
0023 CONDOMINIUM - TIMESHARING
0024 CAMPSITE
0025 ENTERPRISE ZONE TOTAL VALUE
0026 SERVICE STATION - AUTOMOTIVE
0029 MIXED USE - COMMERCIAL
0031 MINERAL PROCESSING
0032 LIGHT MFG & FOOD PROCESSING
0034 CANNERIES - BOTTLER
0036 HEAVY IND OR LUMBER YARD
0037 WAREHOUSE OR STORAGE
0039 MIXED USE - INDUSTRIAL
0040 MUNICIPAL
0041 EDUCATIONAL - PRIVATE
0042 CLUB OR HALL - PRIVATE
0043 HEALTH CARE
0044 RELIGIOUS
0045 PUBLIC ADMINISTRATION
0046 PENAL INSTITUTION
0047 DADE COUNTY
0048 BOARD OF PUBLIC INSTRUCTION
0049 MIXED USE - GOVERNMENTAL
0050 CULTURAL - LITERARY
0051 PRIVATE PARK
0052 PLAYGROUND
0053 GOLF COURSE
0054 CEMETERY
0055 BENEVOLENT
0056 SCIENTIFIC
0057 PARSONAGE
0058 YMCA - YWCA
0059 MIXED USE - INSTITUTIONAL
0061 AIRPORT/TERMINAL OR MARINA
0062 RAILROAD ASSESSMENT
0063 UTILITY
Appendix A
County Land Use Codes (CLUC)
0064 RIGHT-OF-WAY
0065 PARKING LOT
0066 EXTRA FEA OTHER THAN PARKING
0069 MIXED USE - MISCELLANEOUS
0071 GROVE OR ORCHARD
0079 MIXED USE - AGRICULTURAL
0080 VACANT LAND - GOVERNMENTAL
0081 VACANT LAND
0082 GLADE
0083 MARSH OR SWAMP
0084 RECREATIONAL OR ENDANGERED
0085 SO FLORIDA WATER MGMT DIST
0086 TRUSTEE II FUND
0088 0/G/M RIGHTS
0089 BACK ASSESSMENT
0090 LAND AVAILABLE FOR TAXES
0091 RIVER
0092 LAKE
0093 SUBMERGED LAND
0096 OFFICE USE ONLY
0098 FEDERAL
0099 STATE OF FLORIDA
AP
NDIX B
PROPERTY USE CATEGORIES
Use Des! nation
COMMERCIAL
INDUSTRIAL/ A EHOUSE
INSTITUTIONAL
Appendix 8
Property Use Categories
CLUC Code, Description
0011 RETAIL OUTLET
0012 REPAIRS - NON AUTOMOTIVE
0013 OFFICE BUILDING
0014 W-IOLESALE OUTLET
0015 ENTERTAINMENT
0017 COMMERCIAL - TOTAL VALUE
0018 CONDOMINIUM - COMMERCIAL
0019 AUTOMOTIVE OR MARINE
0021 HOTEL
0022 MOTEL
0025 ENTERPRISE ZONE - TOTAL VALUE
0026 SERVICE STATION - AUTOMOTIVE
0029 MIXED USE - COMMERCIAL
0031 MINERAL PROCESSING
0032: LIGHT MFG & FOOD PROCESSING
0034 CANNERIES - BOTTLER
0036 HEAVY IND OR LUMBER YARD
0037 WAREHOUSE OR STORAGE
0039 MIXED USE INDUSTRIAL
0061 AIRPORT/TERMINAL OR MARINA
0063 UTILITY
0040 MUNICIPAL
0041 EDUCATIONAL - PRIVATE
0042 CLUB OR HALL - PRIVATE
0043 HEALTH CARE
0044 RELIGIOUS
0046 PUBLIC ADMINISTRATION
0046 PENAL INSTITUTION
0047 DADE COUNTY
0048 BOARD OF PUBLIC INSTRUCTION
0049 MIXED USE GOVERNMENTAL
0050 CULTURAL - LITERARY
0055 BENEVOLENT
0056 SCIENTIFIC
0058 YMCA YWCA
0059 MIXED USE- INSTITUTIONAL
0085 SO FLORIDA WATER MGMT DIST
0086 TRUSTEE II FUND
0098 FEDERAL
0099 STATE OF FLORIDA
B-1
Use Designation
MULTI -FAMILY
PUBLIC HOUSING
SINGLE FAMILY
CLUC Code Description
0003 MULTIFAMILY 3 OR MORE UNITS
00G3 GOVERNMENT MULTI -FAMILY
0001 RESIDENTIAL - SINGLE FAMILY
0002 DUPLEX
0004 ,RESIDENTIAL - TOTAL VALUE
0005 CLUSTER HOME
0006 MOBILE HOME
0007 CONDOMINIUM - RESIDENTIAL
0008. COOPEMT1VE. RESIDENTIAL
0009 MIXED -USE RESIDENTIAL
0010 TOWNHOUSE
0023 CONDOMINIUM - TIMESHARING
0057 PARSONAGE
APPENDIX C
ESTIMATED SOLID WASTE
ASSESSMENT RATE SCHEDULE
APPENDIX C
ESTIMATED SOLED WASTE ASSESSMENT RATE SCHEDULE
SECTION C-1. DETERMINATION OF SOLID WASTE ASSESSED COSTS.
The estimated Solid Waste Assessed Costs to be assessed for the Fiscal Year commencing October 1,
2016, is $25.4 million,
SECTION C-2, ESTIMATED SOLID WASTE ASSESSMENTS, The estimated Solid Waste Assessments to be
assessed and apportioned among benefited parcels, pursuant to the Cost Apportionment and Parcel
Apportionment methods, to generate the estimated Solid Waste Assessed Cast for the Fiscal Year
commencing October 1, 2016, are established as follows for the purpose of this Initial Assessment
Resolution:
RESIDENTIAL PROPERTY USE CATEGORIES
RATE PER EACH DWELLING UNIT
Single Family and City -Defined Multi -Family $380.00
C-1
APPENDIX D
PARCEL APPORTIONMENT METHODOLOGY
APPENDIX
PARCEL APPORTIONMENT METHODOLOGY
The Cost Apportionment to each Residential Property Use Category shall be apportioned among
the Tax Parcels ws fm|kaVvn�
SGCTKONO�, RESIDENTIAL PROPERTY, The Solid Waste Assessment forenthTaxPanm|of
Residential Property shall be computed as follows:
^(A) The Solid Waste Assessment for each Tax Parcel of Single Family Property shall be computed by
dividing the Solid Waste Assessed Costs by the total number of Dwelling Units shown on the Tax
Roll which are attributable tuSingle Family Property, and then multiplying such quotient bythe
number of Dwelling Units located on each Tax Parcel of Single Family Property.
(8) Tax Parcels with a Multi-Farnily Residential Property Use Category, and Tax Parcels within the
Single Family Residential Property Use Category designated as Cluster, Home, Mobile Home,
Condominium or Cooperative shall not be assessed because the City does not provide service to
them. They shall, however, have service provi ded by a Commercial Solid Waste Collector as
provided for }mthe City Code.
.
THIS DOCUMENT IS A SUBSTITUTION.
ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
COMPOSITE APPENDIX E
FORMS OF NOTICES TO BE PUBLISHED AND MAILED
2383 Appendix E-SUB
[INSERT MAP OF CITY]
COMPOSITE APPENDIX E
FORM OF NOTICE TO BE PUBLISHED
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SOLID WASTE SPECIAL ASSESSMENTS
Notice is given that the City Commission of the City of Miami will conduct a public hearing
to consider imposing Solid Waste special assessments for the provision of Solid Waste services
within the City of Miami for the Fiscal Year commencing October 1, 2017 and ending September
30, 2018.
The hearing will be held at 5:05 p.m. on September 14, 2017, in the City Commission
Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of receiving
public comment on the proposed assessments. All affected property owners have a right to
appear at the hearing and to file written objections with the City Commission within twenty (20)
days of this notice. If a person decides to appeal any decision made by the City Commissioners
with respect to any matter considered at the hearing, such person will need a record of the
proceedings and may need to ensure that a verbatim record is made, including the testimony and
evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities
Act, persons needing special accommodation or a sign language interpreter to participate in this
proceeding should contact the Office of the City Clerk at (305) 250-5361, TTY users may call via
711 (Florida Relay Service), at least seven (7) days prior to the date of the hearing.
The assessment for each parcel of property will be based upon each parcel's classification
and the total number of billing units attributed to that parcel. The total Solid Waste estimated
amount to be assessed and collected for the Fiscal Year commencing October 1, 2017, is $25.953
million, while the full cost of Solid Waste services is approximately $35.961 million. The following
table reflects the proposed Solid Waste assessment schedule:
RESIDENTIAL PROPERTY USE CATEGORIES
RATE PER EACH DWELLING UNIT
Single Family and City -Defined Multi Family
$380.00
(Composite Appendix E)
E-1
Copies of the Solid Waste Assessment Ordinance, Initial Assessment Resolution and the
preliminary assessment roll are available for inspection at the Office of the City Clerk of Miami,
Florida, 3500 Pan American Drive, Miami, Florida.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within
twenty (20) days from the date of City Commission action at the above hearing (including the
method of apportionment, the rate of assessment and the imposition of assessments), such action
shall be the final adjudication of the issues presented.
The assessments will be collected on the same bill as ad valorem taxes. Failure to pay
the assessment will result in either the commencement of foreclosure proceedings or cause a tax
certificate to be issued against the property which may result in a loss of title.
If you have any questions, please contact the City of Miami at (305) 416-1570, Monday
through Friday between 8:30 a.m. and 4:30 p.m.
City Seal
(Composite Appendix E)
E-1
Todd B. Hannon
City Clerk
COMPOSITE APPENDIX E
FORM OF NOTICE TO BE INCLUDED IN
"NOTICE OF AD VALOREM TAXES AND NON-ADVALOREM ASSESSMENTS' TO BE MAILED
City of
Notice
Your annual special assessment for City of Miami ("City") residential solid waste services will be included on your property tax bill for the period
commencing October 1, 2017 through September 30, 2018. The special assessment for solid waste services is $380 per residential unit. Your total
special assessment amount will equal $380 multiplied by the number of residential units per property. The estimated gross revenue from all City of
Miami residential solid waste services Is $25.0 million. The purpose of these special assessments is to fund the costs of operation, purchases of
equipment, and maintenance of facilities associated with these services, The estimated cost to provide residential solid waste services to City
residents is approximately $34.4 million, of which approximately $12.1 million is payable to Miami -Dade County for the disposal of residential solid
waste collected by the City.
Failure to pay your annual special assessment will cause a tax certificate to be issued against your property, which may result in a loss of title to
your property. The City will hold a public hearing regarding the annual special assessment for residential solid waste services an or about
September 14, 2017 (or such other date determined and noticed by the City Commission), on or after 5:05 p.m. at City Hall, 3500 Pan American
Drive, Miami, Florida 33133, All affected property owners have a right to appear at the public hearing and to file written objections with the City
Commission within twenty (20) days of this notice,
if you have any questions, you may visit the City's web site at www,miamigov.com or contact Customer Service et (305) 416-1570.
Notificacion
Su evaluacion anual especial pare los servicios de residuos solidos residenciales de la ciudad de Miami (la "eluded") se incluira en su facture del
impuesto a la propiedad del perlodo que comienza el 1 de octubre de 2017 haste el 30 de septiembre de 2018. Le evaluaciOn especial para los
serviolos de residuos solidos cuesta $380 por unidad residencial, El costo total de su evaluation especial sera igual a $380 multlplicado por el
Manero de unidades residenciales por propiedad.. Los ingresos brutos estimados cia todo el servicio residencial de residuos de la ciudad de Miami
son $25.9 millones. El propOsito de estas evaluaciones especiales es el de financier los costos de operacien, la compra de equipamiento y el
mantenimiento de las instalaciones asociadas a estos servicios, El costa estimado pare blinder servicios residenciales de residuos solidos a los
residentes de la ciudad es de aproximadamente $34.4 millones, de los cuales aproximadamente $12,1 millones se pagan al condado de Miami -
Dade para la eliminacien de los residuos solidos residenciales recolectados par la ciudad.
El no pagar la evaluacien anual especial sera motive de la expedicion de un certificacio fiscal emitido contra su propiedad, que puede resultar en la
pardida del titulo de la misma La eluded Ilevara a cabo una audiencia pUblica sabre la evaluacien anual especial pars los servicios de residuos
solidos residenciales en o cerca del 14 de septiembre del 2017 (o cualquier otra fecha determlnada e Informada por la Comision de la Ciudad), a
las 5:05 p.m. o mas tarde en el Ayuntamiento, 3500 Pan American Drive, Miami, Florida 33133, Todos los propletarios afectados tienen el derecho
de comparecer en le audiencia pUblica y presenter objeciones por escrito a le Corn's& de la Ciudad dentro de los velnte (20) dies de este aviso.
Si Ilene olguna pregunta, visite ei sitio web de la ciudad en vvww.miornigov.com o comuniquese con el servicio al cliente al (305) 416-1570.
Avi
Evalyasyon espesyal ou pou lane a, sou sevis ranmase fatra nan Vil Miami (nou pral rele "Vil" la, pi devan la 8) pral paret nan bodwo taks fonsye ou,
pou peryad ki koumanse 1 ye oktob 2017 pou rive 30 septanm 2018 le. PH evalyasyon espesyal pou sevis ranmase fatra a, se $380 pou chak inite
rezidansyel. Pri total ou pou evalyasyon espesyal la, se $380 fwa chif kantite inite rezidansyel nan pwopriyete a. Estimasyon lajan k ap centre avek
sevis ranmase fatra nan Vil Miami a, se $25.9 milyon dole. Rezon pou fe evalyasyon espesyal se yo, se pou finanse operasyon, ak pou achte
ekipman, ak pou peye antretyen pou enstalasyon ki sbvi pou travay sa yo. Pri estimasyon pou sevis ranmase fatra kay moun Id rete nan Vil la, se
$34.4 milyon dole, epi genyen $12,1 milyon dole ki pral sevi pou peye konte Miami -Dade pou ale jete fatra sevis nan Vil la ranmase.
Si ou pa peye pou evalyasyon espesyal ou pou lane a, yo pral drese yon setifika taks kont pwopriyete w la, epi sa kapab laic& ou pod tit pwopriyete
w. Vil la pral fe yon reylnyon piblik sou kesyon evalyasyon espesyal chak ane pou sevls ranmase fatra kay moun Ian, nan dat 14 septanm 2017
oubyen toupre dat sa a (se kapab yon dat Kornisyon MInIslpal la chwazI epi anonse), a 5 h 05 p.m oubyen apre 8 sa a, nan edits City Hall, 3500
Pan American Drive, Miami, Florida 33133. Tout moun ki pwoprlyete Imobilye met vini nan reyinyon piblik sa a, epi yo met depoze objeksyon yo
genyen nan biwo Komisyan Minisipal la, anvan 20 jou pase apre dat anons sa a pibliye.
&au gen nenpdt kesyon, gade nan pal Entenet Vil la, nan adres www.mlamigov.com oubyen kontakte Sevls !Weigel la nan nirnewo telefbn (305) 416-1570.
(Composite Appendix E)
E-2
SUBSTITUTED
APPEND Pf E
FORM OF NOTICE T 6 BE PUBLISHED
ity
APPENDIX E
P
tagUP Mit, *
lo II
— •+:
— •0 i,
Notice
Your annual special assessment for City of Miami ("City") residential solid waste services will be inclu ed on your property tax bill for the period
commencing October 1, 2017 through September 30, 2018. The special assessment for solid waste 'rvices is $380 per residential unit. Your total
special assessment amount will equal $380 multiplied by the number of residential units per proper The estimated gross revenue from all City of
Miami residential solid waste services is $25.9 million, The purpose of these special assessme s Is to fund the costs of operation, purchases of
equipment, and maintenance of facilities associated with these services. The estimated cos to provide residential solid waste services to City
residents Is approximately $34.4 million, of which approximately $12,1 million is payable to mi-Dade County for the disposal of residential solid
waste collected by the City.
Failure to pay your annual special assessment will cause a tax certificate to be issue. egainst your property, which may result In a loss of title to
your property. The City will hold a public hearing regarding the annual special sessment for residential solid waste services on or about
September 14, 2017 (or such other date determined and noticed by the City Com ission), on or after 5:05 p.m. at City Hall, 3500 Pan American
Drive, Miami, Florida 33133. All affected property owners have a right to appe at the public hearing and to file written objections with the City
Commission within twenty (20) days of this notice.
SUBSTITUTED
lf you have any questions, you may visit the City's web site at www.miamig.1.com or contact Customer Service at (305) 416-1570,
Noti icacion
Su evaluacion anual especial para los servicios de residues seli••s residenciales de la ciudad de Miami (la "ciudad") se incluira en su facture del
Impuesto a la propiedad del periodo que comienza el 1 de oc.re de 2017 haste el 30 de septiembre de 2018. La evaluacion especial para los
servicios de residuos solidos cuesta $380 por unidad resld cial, El costa total de su evaluacion especial sera igual a $380 multiplicado por el
nOmero de unidades residenciales por propiedad. Los lngr as brutes estimados de todo el servicio resldencial de residuos de la eluded de Miami
son $25.9 millones. El proposito de estas evaluaciones especiales es el de financier los costos de operacien, la compra de equipamiento y el
mantenimlento de las Instalaciones asociadas a estos servicios. El costo estimado pare brindar servicios residenciales de residuos solidos a los
residentes de la eluded es de aproxirnadarnente $3 .4 millones, de los cuales aproximadamente $12.1 millones se pagan al condado de Miami -
Dade pare la eliminaciOn de los residuos solidos regdenclales recolectados por la ciudad.
El no pagar la evaluacion anual especial sera otIvo de la expedition de un certificado fiscal emitido contra su propiedad, que puede resultar en la
perdida del titulo de la misnna. La ciudad Ile are a cabo una audiencia pUblica sabre la evaluacion anual especial pare los servicios de residues
solidos residenciales en o cerca del 14 de eptiembre del 2017 (o cualquler otra fecha determinada e informada por la Comisien de la Ciudad), a
las 5:05 p.m. o mas tarde en el Ayunta 'ento, 3500 Pan American Drive, Miami, Florida 33133. Todos los propietarios afectados tienen el derecho
de comparecer en la audlencia Pibllc� presenter objeclones por escrito a la Comision de la Ciudad dentro de los veinte (20) dies de este aviso.
Si tfene alguna pregunta, visite el s' io web de la ciudad en www,miamigov.com o comuniquese con el servicio al cllente al (305) 416-1570.
Avi
Evalyasyon espesyal ou p�u lane a, sou sevis ranmase fatra nan Vil Miami (nou pral rele "Vil" la, pi dovan la a) pral paret nan bodwo taks fonsye ou,
pou peryed ki kouman ye okteb 2017 pou rive 30 septanm 2018 la, Pri evalyasyon espesyal pou sevis ranmase fatra a, se $380 pou chak inite
rezidansyel. Pri total u pou evalyasyon espesyal la, se $380 fwa chif kantite inite rezidansyel nan pwopriyete a. Estimasyon lajan k ap rantre avek
sevis ranmase fa nan VII Miami a, se $25.9 milyon dela, Rezon pou fie evalyasyon espesyal se yo, se pou finanse operasyon, ak pou a chte
ekipman, ak pou ye antretyen pou enstalasyon ki sevi pou travay sa yo. Pri estimasyon pou sevis ranmase fatra kay moun ki rete nan Vil la, se
$34.4 milyon )a, epi genyen $12.1 milyon dole ki pral sevi pou peye konte Miami -Dade pou ale jete fatra sevis nan Vil la ranmase.
Si ou pe p pou evalyasyon espesyal ou pou lane a, yo pral drese yon setifika taks kont pwopriyete w la, epi sa kapab lakez ou pedi tit pwopriyete
w. Vil la al fe yon reyinyon piblik sou kesyon evalyasyon espesyal chak ane pou sevis ranmase fatra kay moun Ian, nan dat 14 septanm 2017
oubye toupre dat sa a (se kapab yon dat Komisyon Mlnisipal is chwazi epi anonse), a 5 h 05 p.m oubyen apre Pb sa a, nan adres City Hall, 3500
Pan merican Drive, Miami, Florida 33133. Tout rnoun ki pwopriyete imobilye met vini nan reyinyon piblik se a, epi yo met depoze objeksyon yo
n nan biwo Kornisyon Minisipal la, anvan 20 jou pase apre dat anone sa a pibilye.
Si ou gen nenpot kesyon, gade nan pal Entenet Vil la, nan adres www.miamigov.com oubyen kontakte Silvis Kliyantel la nan nimewo Wafer) (305) 416-1570.
APPENDIX F
APPENDIX F
SOLID WASTE FULL DICLOSURE
APPENDIX F
City of Miami Solid Waste Departrnen
Residential Fall Oast Disclosure fo
Provision of Solid liVeste Management Servic'
October 1, 2015 to September 30 2016
Type of
Service
Full Cost
Households
Served
Full Cost
Per
Household
Collection
$22,129,574
68,297
$324
Disposal
$11,372,893
68,297
$167
Recycling
851,198
68,297
$12
TOTAL
$34,353,665
68,297
$503
Notes:
The average waste disposed on a per household basis was determined to be 2.30 tons.
The financial exhibit reflects full costs associated with illegal dumping collection, weekly bulk trash pick-up services,
daily street litter container collection, daily street sweeping operations, dead animal collection/disposition, Solid Waste
code enforcement, landfill disposal tipping fees, recycling collection, and citywide source reduction and recycling efforts.
J-99-498
6/14/99
ORDINANCE NO,
AN EMERGENCY ORDINANCE OF THE. MIAMI CITY
COMMISSION AMENDING CHAPTER 22 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, ,AS AMENDED,
ENTITLED "GARBAGE 'AND OTHER SOLID WASTE,"
RELATING TO -THE PROVISION OF SOLID WASTE
SERVICES, FACILITIES, AND PROGRAMS IN THF
'CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID
WASTE ASSESSMENTS CONSTITUTE A LIEN 'ON
ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY
WITH THF LIENS OF ALL STATE, COUNTY,
DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS
AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR
LIENS, MORTGAGES, TITLES, AND CLAIMS;
PROVIDING THAT THE SOLID WASTE ASSESSMENTS
MAY BE COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES, AS
AMENDED; MORE PARTICULARLY BY AMENDING
SECTION 22-12 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR.INCLUSION IN THE CITY CODE.
•
11807
BE IT ORDAINED BY THE COMMISSION OF THE' CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 22, entitled "Garbage and Other
Solid Waste," of the Code'of the City of Miami., Florida, as
amended, is hereby amended in the following pa'rticularst
II *
"CHAPTER 22
Garbage and Other Solid Waste
ARTICLE 1. IN GENERAL
Sec, 2.2-12. Waste fees'.
1/ Words and/or figures stricken through shall he deleted.
Udderscored word 6 and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
ku.
(a) An annual waste fee 1$ hereby assessed upon all
city serviced residential units as defined in section
22-1 and as set forth herein- These fees shall apply to
residential units within the city not serviced by
private sanitation companies and shall serve to defray
the cost of waste collection'and disposal. Rffective
October 1, 1999) the vity may utiljze the• 17nifcl4m
ine.thod of col pursuant thapter____the
psy fOr residential solid waste Q.0.111.111__Ja,W4.ita
thn __taxbillt_„-in_aaLazclarthe provisions of
Chaptnr 197 of the Flori.ria_a_aa,
the .olty elerts, not to 1ie tlie tax ,(1011.eLlis=
methorl, tipQene-half Of said annual fee amount shall
be due and collectible on january 1 and on July 1 of
each calendar year, beginning January, 1999, as
follows:
Fiscal Year Annual Fee
1998-1999 $214.00
1999--2000 216.00
2000--2001 236.00
2001--2002 260.00
2002--2003 266.00
(W All fees billed shall be due and collectible.upon
receipt. The fact that -any residential unit or any
commercial establishment located in the city is
occupied shall be prima facie evidence. that garbage.and
other refuse is being accumulated or produced upon such
premises; and temporary vacancy shall not authorize a
refund or excuse the nonpayment of the applicable fee.
Tn fhn event the. city electiq to use the tax hill,
rol 1 neft on_w,Qthca_awi_upQja.__
assessment rolI, all molid waste assessments shall
eval in
rank and dignity with the li.ens_jnf all state rounty,
dia.tr,ist,--ar_Ammicjpal taxes and special _assessments
Fxcept as _otherwise prilvi,ded by law, surh ljens shall
be_alvta leriod liens,
046..4t4Pagins, At1s, .;rtca claims be 11pr fc',r
a_zolid waste _aase...tsm=±med perfected upon
adoption hy the city vommisxlion of the. final assessment
rrsolutl on, will
Prfected upon
adPPtion by ths_city rommissi.on of_taa_f_taa,Lajs:aezaraent,
resaliltion or the annqal rate _resolution, whicheNnr is
appliczhipa_Aallt_lie,71 for a solid waste asseasmellt
ollerted mdor the_TTriform. Assessment. Collection Art
11007
shall attaCtil-t_0_±,J1P-4M..the_aETRZEtaDleat.
aS Of the pxionJanumry ir the 1-tPli dALe for.e1c1 •
va1im±ax under 11P tax toll-.
*u
.Section 2, . All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with .the provisions of
this Ordinanceare hereby repealed.
Section 3 If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 4. ' This Ordinance is hereby declared to be an
emergency.measure on the grounds of urgent public need for the
preservation. of peace, health, safety, and property.of the City
of Miatni, and. upon the further grounds of the necessity to make
the required and necessary payments to it employees and
officers, paymentof its debts, necessary and required' purchases
of geode and supplies and to .generally carry-on-the.functions.and
duties of municipal affairs -
Section 5. The requirement of reading this Ordinance on
two separate daye is hereby dispensed with by an affirmative vote
of not less than four -fifths of the memberof the Commission.
Section 6. •, It is the intention of the. City Commission
that the provisions of this Ordinance shali become and be made a .
part of the Code of the City of Miami, Florida,. as amended, which
provisions may be renumbered or. relettered and. that the word. •
"ordinance" may be changed. to "section", "article", or other
-3-
11807
appropriate word to accomplish ouch intention.
Section 7. Thio Otdj,nance' shall become effective
immediately upon its adoption and signature of the Mayor.4/
PASSED AND ADOPTED BY TITLE ONLY this 22nd
June ' , 1999.
day of
JOE CAROLLO, MAYOR
• In accordance with Miami Co Sec. 2-30, since the Mayer did not indicate approval of
this legislation by signing it In the designated place provided, sold legislation now
becomes effective with the elapse .cf ten (10) days from the date of .0emmisslon actIon
. Ogarding. same; withbin the Mayor exercising a veto.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED A AND CORRECTNESS:6'
VILARELLO
TY TORNEY
W72 ;GKWSa
a/
(.?
ornan, City 19 k
If the Mayor does not sign this 6rdinance, it shal1 become
effective at the end of ten calendai' day o from the date it was
passed and adopted. Ifthe Mayor vetoes this' Ordinance, it shall
become effective immediately upon override of the veto by the
City Commission.
-4-
11807
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
The Honorable Mayor and
Membe s of the City Commission
PROM onald H. Warshaw
City Manager
DATE!
SUBJECT
FiEFERENOES
ENCLOSURES:
JUN 1 5 1999
FILE
Uniform Method Of Collection
Solid Waste Residential Acats
RECOMMENDATION
It is respectMly requested that the City Commission approve the amendments, as
proposed, to the Garbage and Other Solid Waste Ordinance (Chapter 22 of the City's Code
of Ordinances). These amendments formalize the action taken by the City Commission in
January of this year by authorizing the placement of residential solid waste bills on the
property tax bill as a non ad -valorem assessment, Further, this action does not preclude the
City Commission from returning to direct billing should it &Sire to do so in the future,
BACKGROUND
Currently, solid waste fees are collected through two separate billings per year, The
resolution approved by the City Commission acknowledged the efficiency of eliminating
these two separate billings for consolidaticin into the property tax bill.
Using this method of collection also allows residents to pay this assessment through their
mortgage company which could expand their payments over a 12-month period versus two
semi-ammal payments. Further, for those that do not pay through a mortgage company, the
opportunity to spread the payments quarterly is also afforded through the County.
11807
MIAMI DAILY BUSINESS.PEVIEW
Published Deity except Saturday, Sunday end
Legal Holidays
Mlaml, Dade County, Florida,
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally. appeared
Soekie Williams, who on oath says that she Is the Vise
President of Legal Advertising of the Miami Daily Business
Review ftkfa M;amt Review, a dolly (except Saturday, Sunday
and Legal Hottdays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter o1
CITY OF MIAMI
ORDINANCE NO. 11807
in the Court,
wpe.. pyblirTed In.s i, rewspapei in the Issuos of
Milani further says that the saki Miami Daily 8uaineee
Review is a newspaper published at Miami in said Dade
County, Florida, and that the sold newspaper has heretelars
' boon nonllnuoualy published in sold Dade County, Florida,
each day (except.$aturdey, Sunday and Legal Helidaya) and
has been entered as saoond elan- mall matter al the post
office In Miami in said bade County, Florida, for a period of
one y, . o t preceding the first publiostlon of the attached
cop. t ndv rtlsamant; and affiant further says that she has
nel. or pal: nor promised any person, firm or oorperation
an : disco 1, rebate commission or refund for the purpose
this a ; =rl!st nont for publication In the told
1
day. of
(SEAL)
Bookie WIll1
Swamp and subscribed before me this
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1''s1i' 00MM15,Sttp41;4M{DIivLorCI-1APTERt•OF'71;(E'."6ODE•OF„,,,,
'r',,-' 0,Tf1EiQl•TY OF-MJ/ Mtr'FLOI9IDA; A$ AMENDED•,ENTfl' E0t} .;
'r..;:'y.;QAFWAGE AND,:0THE,H. SOC''ID WASTJ ,_R5.11ATING•-TO
it THE, •':PROVI'SI.ON. ,0F;f;1SOLID; WA$T.P-•;•:8E V"I.,9t3,•;; 1
', Sa',:FAO1LIT1 6,t,:ANDC;PRQ.ORAMF2..IN^•THE CI'I f„''OF :,}'1.1Q(Ji,�,' ''
x ,..r;�1,,opi BAcerit )V•iPiNQ: 3:1',IAT_ SqLID,WASTE AS ESS•'. .
:,r.y:.ME TS;C•ONS?DITLITE;), ;LIEN 014`ASt3ESS D•';pR0I RT$•;
1-1ArEQU_ L,IN.RANK'AND,DIQNITY'WITH THE LJE S OF,AI:.ti'
'^i:" S f?NT, •,COUNT`(, DISTRIV7;.0 .MUNIOIP';L IAR STAND
! A5SES'SVENTS:'i4NCqi•5`LJpE±3101i:11'J••DICry'NI7'YiT.O•`';ALt:. `
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'ASSt_SSMEN1TS%;MAX•1SE':'COt:LEp,TED OVRSt.IAil.1�' TO,:':'
: • ,:.•SECTIONS 197,383rt;+N 2D 1.9f,3630-, FLOR1DA.KATUTtur',,'t ,.
' AS A?vIl;N.pEO,.•POPIE--PAH:Fid ikARLY-[3Y •,0.MENDING, -
: CCCTION '22-12,:'0 '$.AID'.,CODX; CQNT.AININ'f3 ,A' .'
'. ' f'RRPEA-Laft,PROIS,IDN AND A SEVEFIA8LITY CLAUSE; `
`' IROyIFSING'FOR••AN ERPEC'DVE pATE;'AND,'PROVI iNQ A"'
•F8p;INCl.USION'rN'TH-1F.p:14 CO, L.E •'•,. ,, ",1,, ' ' e.,::
: 1%,,?. 'F•O ,_, ,:14tCEf3'',df:•' ,.rirn,i„ i •
'.., 1 N OF1t.01`1''AI4OE',CiF;'"THk. MIAMI' CJT.Y QQt 1' (4lSb''i0N' , ,
i : AMFNOINC�,' THE1' UTGRE: vi.:AN3'''115E 'MAP,,,,OF'THE ''.
':OeiMEREl,JENSI' E NE€GHBQFIHOOD PLAN 8Y=CNANSJNG- '
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•, 1OTN,'•TE iF1AgE•,:ItM,I.AMI;+;FL01�1DAY'tPFIOOM•'r,`MEDIUM. ;.'
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'1••PROMO'INOFcRR:AF�,EFFECTIVE';DATE?ri"., f,''•31:• a4'P F2
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•P2RIMr TEjR RUNNINt2'ALON3. Tu1E,WEST:i,F30UNQA(7iY r
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AMENDINC3`OI;JAFSTER;4'tlF 11,0•Q6DR,QF THE,CI`rY,OF " ;
r fyilAMAll, FLORIDA,.AS AUFNPED;; NTITLEp""ALCOHOyL!C • 1
,f3EVPRAQaESr. 0 MODIFY VROVISIONS,REi REVUE!) .TO "; ;
FFE;TAIL'^SPEOIALTY OENTERS, TO- ASr A. 0F~FINi1'loN,''•'' :.
i; .FOR "GENTtE19•DESIGN:'DISTFIIOT,°:TC,'INOLUDE THE,. '.
',.:'•'CENTRAL'DESI.dN, DISTIi O ;'AS AN':EXGEPTION AREA ,' '
,TO;i]ISTANG• Fit. Ui}REMENrTS,,.AND-6() PERMIT FOOD ;1
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P'
was introduced by Vice Chairman tart and seconded by Commissioner Sanehe-z, for adoption as
an emergency messut'e, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES!
Commissioner Tomas Regaled°
Commissioner Joe Sanchez
Commissioner Arthur 1:, Teele, Jr,
V ice Chairman Wifredo Dort
Chairman T, L, Plummer, Jr.
NAYS; None,
ABSENT: None,
Whereupon the Commission on motion of Vice Chairman Oort and seconded by Commissioner
Sanchez ,.adopted said ordinance by the following vote:
AYES:
Cornmissioner Tomas Regaledo .
Commissioner Joe Sanchez
Commissioner Arthur E. Teeie, Jr..
Vice Chairman-W Wreck:
Chairman J. L. Plummer, Jr.
NAYS: Nona,
ABSENT: None,
SAID ORDINANCE WAS DESIGNATED ORDINANCE; NO, 11806
The City Attorney read the ordinance into the public record and announced that copies were
available to the members af the City Commission and to the public
•
2.1, EMERGENCY ORDINANCE: AMEND CODE SECTION 22-12 "GARBAGE AND OTHER
SOLID WASTE," PROMO THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN
PR.OPE+R7[ Y EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY,
DISTRICT, OR MUNICIPAL TAXES AN]) ASSESSMENTS AND SUPERIOR IN DIGNITY TO
ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AN]) CLAIMS; PROVIDING THAT
THE SOLID WASTE ASSESSMENTS NMAY ICE COLLECTED PURSUANT TO SECTIONS
1.97,3632 AND 197,3635, FLORIDA STATUTES (PLACE SOLID WASTE BILLS ON TAX
NOTICES).
Chairman Plummer: Item 11, Also, an emergency ordinance requiring a four/fifths vote,.
Vice Chairman Gort: Move it.
Chairman Plummer: Garbage and other solid waste relating to the solid waste services for the City. Moved
by Gort..Seconded by Toole, Anyone wishing to discuss the item? Item Number 11, Read the ordinance,
Call the rol l
83 Juno 22, 1909
An Ordinance Entitled .
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMEI+NI)ING CIIAPT1 R 22 OF THE CODE OF
TIME CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"GARBAGE AND OTHER SOLID WASTE," RELATING TO
THE PROVISION OF SOLID WASTE SERVICES, FACILITIES,
AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA;
PROVIDING THAT SOLID WASTE ASSESSMENTS
CONSTITUTE A•LTEN ON ASSESSED PROPERTY EQUAL IN
RANK AND DIGNITY WITH THE LIENSOF ALL STATE,
COUNTY, DISTRICT, OR MUNICIPAL TAXES AND
ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER
PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS;
PROVIDING THAT THE .SOLID WASTE ASSESSMENTS MAY
DE COLLECTED PURSUANT TO SECTIONS 197,:3632 AND
197,3635, FLORIDA STATUTES, AS ' AMENDED; MORE
PARTICULARLY BY .AMENDING SECTION 22.12 OF SAID
CODE; CONTAINING A REPEAT ER PROVISION. AND A
SEVERA13ILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR INCLUSION IN THE CITY CODE,
was introduced by Vico Chairman Gort and seconded by Commissioner 'Nolo, for adoption as an
emergency measure; and dispensing with the requirement of reading same on two separate days,
was agreed to by the following vote:
AYES,
NAYS;
ABSENT:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Tee.le, Jr,
Vlce.Chairrnnn Wifedo Gart
Chairman J. L. Plummer, Jr,
None.
None,
Whereupon the Commission on motion of Vice Chairman Gait and seconded by Commissioner
Teole, adopted said ordinance by the following. vote;
AYES: Commissioner Tomas Regalado
Conmissioner Joe Sanchez.
Commissioner Arthur E. Thole, Jr,
Vico Chairman Wifredo
Chairman J, L. Plummer, Jr.
NAYS, None,
ABSENT: None.
84 June 22, 1999
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 11807
The City Attorney read the ordinance into the public record aid announced that copies were
available to the members of the City Commission and to the public
22. DISCUSS ! TABLE CONSIDERATION OF MODEL CITY NET SERVICE STATION, (Seel
section 4-55)
Chairman Plummer: As previously Announced, Mr. Teete, I'm going to take up, at 3 o'clock, the Little --
Model Cities NET (Neighborhood Enhancement Team) Office, It's 3. o'clock, sir, and we offered that would
be done at this time,
Vice Chairman Gott: It's a companion. Twelve Is a companion of 11,
Chairman Plummer: Are they the people — is 12.,,
Vice Chairman Gott: Twelve is a companion of 11,
Chairman Plummer: It doesn't so state,
Commissioner Toole: Can you do it at 3:10?
Chairman Plummer: We said, at 3 p.m„ we'd take up Model Cities NET, Now, do you want to do it now or
later?
Commissioner 'reek At 3:10,
Chairman Plummer: Three ten.
Con3missienet Teele: Are there people —are there citizens here from the area ,on that item?
Chairman Plummer: Is there anyone here that's hero for the purposes of Item 35, the Model Cities NET
Office Presentation? Mr. l'ackingham is here, All right. You can wait 10 minutes? So be it,
23, APPROVE INTEIi,GOVERNME+NTAL COOPERATION AGREEMENT, WHICH
REOC1ESTS AND AUTIIO'RJZES TfRE PROPERTY APPIZAISER TO INCLUDE THE CITY OF
MIAMI NON -AD VALO17EI%r ASSESSMENTS FOR FM -RESCUE SERVICES AND
FACILITIES AND SOLID WASTE SERVICES AND EACILIT ES ON TEE "NOTICE OF
PROPOSED PROPERTY TAXER AND PROPOSED OR ADOPTED NON -.AD VALOREM
ASSESSMENTS,» COMMONLY REFERRED TO AS TIM TRIM -NOTICE,
Chairman Plummer: All right. Item 12,
Vice Chairman Dort: Move it.
Chairman Plummer: Item .12 Is a resolution on the- Fire-Resoue Service and Solid Waste Services and .For
the Trim Notice, New, let's get down to brass tax., is this the Trim Notice predicated on what stipulated
85 June 22, 1999
The 2016 Florida Statutes
Title XIV Chapter 197 View Entire Chapter
TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS
197.3632 Uniform method for the levy, collection, and enforcement of non -ad valorem
assessments.--
(1) As used in this section:
(a) "Levy" means the imposition of a non -ad valorem assessment, stated in terms of rates,
against all appropriately located property by a governmental body authorized by law to impose
non -ad valorem assessments.
(b) "Local government" means a county, municipality, or special district levying non -ad
valorem assessments.
(c) "Local governing board" means a governing board of a local government.
(d) "Non -ad valorem assessment" means only those assessments which are not based upon
millage and which can become a lien against a homestead as permitted in s. 4, Art. X of the State
Constitution.
(e) "Non -ad valorem assessment roll" means the roll prepared by a local government and
certified to the tax collector for collection.
(f) "Compatible electronic medium" or "media" means machine-readable electronic
repositories of data and information, including, but not limited to, magnetic disk, magnetic tape,
and magnetic diskette technologies, which provide without modification that the data and
information therein are in harmony with and can be used in concert with the data and information
on the ad valorem tax roll keyed to the property identification number used by the property
appraiser.
(g) "Capital project assessment" means a non -ad valorem assessment levied to fund a capital
project, which assessment may be payable in annual payments with interest, over a period of
years.
(2) A local governing board shall enter into a written agreement with the property appraiser
and tax collector providing for reimbursement of necessary administrative costs incurred under this
section. Administrative costs shall include, but not be limited to, those costs associated with
personnel, forms, supplies, data processing, computer equipment, postage, and programming.
(3)(a) Notwithstanding any other provision of law to the contrary, a local government which is
authorized to impose a non -ad valorem assessment and which elects to use the uniform method of
collecting such assessment for the first time as authorized in this section shall adopt a resolution at
a public hearing prior to January 1 or, if the property appraiser, tax collector, and local
government agree, March 1. The resolution shall clearly state its intent to use the uniform method
of collecting such assessment. The local government shall publish notice of its intent to use the
uniform method for collecting such assessment weekly in a newspaper of general circulation within
each county contained in the boundaries of the local government for 4 consecutive weeks
preceding the hearing. The resolution shall state the need for the levy and shall include a legal
description of the boundaries of the real property subject to the Levy. if the resolution is adopted,
the local governing board shall send a copy of it by United States mail to the property appraiser,
the tax collector, and the department by January 10 or, if the property appraiser, tax collector,
and Local government agree, March 10.
(b) Annually by June 1, the property appraiser shall provide each local government using the
uniform method with the following information by list or compatible electronic medium: the legal
description of the property within the boundaries described in the resolution, and the names and
addresses of the owners of such property. Such information shall reference the property
identification number and otherwise conform in format to that contained on the ad valorem roll
submitted to the department. The property appraiser is not required to submit information which
is not on the ad valorem roll or compatible electronic medium submitted to the department. if the
local government determines that the information supplied by the property appraiser is insufficient
for the local government's purpose, the local government shall obtain additional information from
any other source.
(4)(a) A local government shall adopt a non -ad valorem assessment roll at a public hearing held
between January 1 and September 15, or between January 1 and September 25 for any county as
defined in s. 125.011(1), if:
1. The non -ad valorem assessment is levied for the first time;
2. The non -ad valorem assessment is increased beyond the maximum rate authorized by law or
judicial decree at the time of initial imposition;
3. The local government's boundaries have changed, unless all newly affected property owners
haveprovided written consent for such assessment to the local governing board; or
4. There is a change in the purpose for such assessment or in the use of the revenue generated
by such assessment.
(b) At least 20 days prior to the public hearing, the local government shall notice the hearing by
first-class United States mail and by publication in a newspaper generally circulated within each
county contained in the boundaries of the local government. The notice by mail shall be sent to
each person owning property subject to the assessment and shall include the following information:
the purpose of the assessment; the total amount to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the number of such
units contained within each parcel; the total revenue the local government will collect by the
assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued
against the property which may result in a toss of title; a statement that all affected property
owners have a right to appear at the hearing and to file written objections with the local governing
board within 20 days of the notice; and the date, time, and place of the hearing. However, notice
by mail shall not be required if notice by mail is otherwise required by general or special taw
governing a taxing authority and such notice is served at least 30 days prior to the authority's
public hearing on adoption of a new or amended non -ad valorem assessment roll. The published
notice shall contain at least the following information: the name of the local governing board; a
geographic depiction of the property subject to the assessment; the proposed schedule of the
assessment; the fact that the assessment wilt be collected by the tax collector; and a statement
that all affected property owners have the right to appear at the public hearing and the right to
file written objections within 20 days of the publication of the notice.
(c) At the public hearing, the local governing board shall receive the written objections and
shall hear testimony from all interested persons. The local governing board may adjourn the
hearing from time to time. If the local governing board adopts the non -ad valorem assessment roll,
it shall specify the unit of measurement for the assessment and the amount of the assessment.
Notwithstanding the notices provided for in paragraph (b), the local governing board may adjust
the assessment or the application of the assessment to any affected property based on the benefit
which the board will provide or has provided to the property with the revenue generated by the
assessment,
1 (5)(a) By September 15 of each year, or by September 25 for any county as defined in
s.125.011(1), the chair of the local governing board or his or her designee shall certify a non -ad
valorem assessment roll on compatible electronic medium to the tax collector. The local
government shall post the non -ad valorem assessment for each parcel on the roll. The tax collector
shall not accept any such roll that is not certified on compatible electronic medium and that does
not contain the posting of the non -ad valorem assessment for each parcel. It is the responsibility of
the local governing board that such roll be free of errors and omissions. Alterations to such roll may
be made by the chair or his or her designee up to 10 days before certification. If the tax collector
discovers errors or omissions on such roll, he or she may request the local governing board to file a
corrected roll or a correction of the amount of any assessment.
(b) Beginning in 2009, by December 15 of each year, the tax collector shall provide to the
department a copy of each local governing board's non -ad valorem assessment roll containing the
data elements and in the format prescribed by the executive director, In addition, beginning in
2008, a report shalt be provided to the department by December 15 of each year for each non -ad
valorem assessment roll, including, but not limited to, the following information:
1. The name and type of local governing board levying the non -ad valorem assessment;
2. Whether or not the local government levies a property tax;
3. The basis for the levy;
4. The rate of assessment;
5. The total amount of non -ad valorem assessment levied; and
6. The number of parcels affected.
(6) If the non -ad valorem assessment is to be collected for a period of more than 1 year or is to
be amortized over a number of years, the local governing board shall so specify and shalt not be
required to annually adopt the non -ad valorem assessment roll, and shaft not be required to
provide individual notices to each taxpayer unless the provisions of subsection (4) apply. Notice of
an assessment, other than that which is required under subsection (4), may be provided by
including the assessment in the property appraiser's notice of proposed property taxes and
proposed or adopted non -ad valorem assessments under s. 200.069. However, the local governing
board shall inform the property appraiser, tax collector, and department by January 10 if it intends
to discontinue using the uniform method of collecting such assessment.
(7) Non -ad valorem assessments collected pursuant to this section shall be included in the
combined notice for ad valorem taxes and non -ad valorem assessments provided for in s. 197.3635.
A separate mailing is authorized only as a solution to the most exigent factual circumstances.
However, if a tax collector cannot merge a non -ad valorem assessment roll to produce such a
notice, he or she shall mail a separate notice of non -ad valorem assessments or shall direct the
local government to mail such a separate notice. In deciding whether a separate mailing is
necessary, the tax collector shall consider all costs to the local government and taxpayers of such a
separate mailing and the adverse effects to the taxpayers of delayed and multiple notices. The
local government whose roll could not be merged shall bear all costs associated with the separate
notice.
(8)(a) Non -ad valorem assessments collected pursuant to this section shall be subject to all
collection provisions of this chapter, including provisions relating to discount for early payment,
prepayment by installment method, deferred payment, penalty for delinquent payment, and
issuance and sale of tax certificates and tax deeds for nonpayment.
(b) Within 30 days following the hearing provided in subsection (4), any person having any right,
title, or interest in any parcel against which an assessment has been levied may elect to prepay the
same in whole, and the amount of such assessment shall be the full amount levied, reduced, if the
local government so provides, by a discount equal to any portion of the assessment which is
attributable to the parcel's proportionate share of any bond financing costs, provided the errors
and insolvency procedures available for use in the collection of ad valorem taxes pursuant to
s. 197.492 are followed.
(c) Non -ad valorem assessments shall also be subject to the provisions of s. 192.091(2)(b), or
the tax collector at his or her option shall be compensated for the collection of non -ad valorem
assessments based on the actual cost of collection, whichever is greater. However, a municipal or
county government shall only compensate the tax collector for the actual cost of collecting non -ad
valorem assessments.
(9) A local government may elect to use the uniform method of collecting non -ad valorem
assessments as authorized by this section for any assessment levied pursuant to general or special
law or local government ordinance or resolution, regardless of when the assessment was initially
imposed or whether it has previously been collected by another method.
(10)(a) Capital project assessments may be levied and collected before the completion of the
capital project.
(b)1. Except as provided in this subsection, the local government shall comply with all of the
requirements set forth in subsections (1)-(8) for capital project assessments.
2. The requirements set forth in subsection (4) are satisfied for capital project assessments if:
a. The local government adopts or reaffirms the non -ad valorem assessment roll at a public
hearing held at any time before certification of the non -ad valorem assessment roll pursuant to
subsection (5) for the first year in which the capital project assessment is to be collected in the
manner authorized by this section; and
b. The local government provides notice of the public hearing in the manner provided in
paragraph (4)(b).
3. The local government is not required to allow prepayment for capital project assessments as
set forth in paragraph (8)(b); however, if prepayment is allowed, the errors and insolvency
procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 must be
followed.
(c) Any hearing or notice required by this section may be combined with any other hearing or
notice required by this section or by the general or special law or municipal or county ordinance
pursuant to which a capital project assessment is levied.
(11) The department shall adopt rules to administer this section.
History.—s. 68, ch. 88-130; s. 7, ch. 88-216; s. 8, ch, 90-343; s. 2, ch. 91-238; s. 1013, ch. 95-147; s. 1, ch. 97-66;
s. 1, ch. 2003-70; s. 10, ch. 2008-173; s. 13, ch. 2016-128.
1Note.—Section 13, ch. 2008-173, provides that:
"(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to
adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this
act.
"(2) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 18 months after
the date of adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject
of the emergency rules."
The 2016 Florida Statutes
Title XiV Chapter 197 View Entire Chapter
TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS
197.3635 Combined notice of ad valorem taxes and non -ad valorem assessments;
requirements. —A form for the combined notice of ad valorem taxes and non -ad valorem
assessments shall be produced and paid for by the tax collector. The form shalt meet the
requirements of this section and department rules and is subject to approval by the department.
By rule, the department shall provide a format for the form of such combined notice. The form
shall:
(1) Contain the title "Notice of Ad Valorem Taxes and Non -ad Valorem Assessments." The form
shall also contain a receipt part that can be returned along with the payment to the tax collector.
(2) Contain the heading "Ad Valorem Taxes" within the ad valorem part and the heading "Non -
ad Valorem Assessments" within the non -ad valorem assessment part.
(3) Contain the county name, the assessment year, the mailing address of the tax collector,
the mailing address of one property owner, the legal description of the property to at least 25
characters, and the unique parcel, or tax identification number of the property.
(4) Provide for the labeled disclosure of the total amount of combined levies and the total
discounted amount due each month when paid in advance.
(5) Provide a field or portion on the front of the notice for official use for data to reflect codes
useful to the tax collector.
(6) Provide for the combined notice to be set in type that is 8 points or larger.
(7) Contain within the ad valorem part:
(a) A schedule of the assessed value, exempted value, and taxable value of the property.
(b) Subheadings for columns listing taxing authorities, corresponding millage rates expressed in
dollars and cents per $1,000 of taxable value, and the associated tax.
(c) A listing of taxing authorities in the same sequence and manner as listed on the notice
required by s, 200.069(4)(a), with the exception that independent special districts, municipal
service taxing districts, and voted debt service mitlages for each taxing authority shall be listed
separately. If a county has too many municipal service taxing units to list separately, it shall
combine them to disclose the total number of such units and the amount of taxes levied.
(8) Contain within the non -ad valorem assessment part:
(a) Subheadings for columns listing the levying authorities, corresponding assessment rates
expressed in dollars and cents per unit of assessment, and the associated assessment amount.
(b) The purpose of the assessment, if the purpose is not clearly indicated by the name of the
Levying authority.
(c) A listing of the levying authorities in the same order as in the ad valorem part to the extent
practicable. If a county has too many municipal service benefit units to list separately, it shall
combine them by function.
(9) Provide instructions and useful information to the taxpayer. Such information and
instructions shall be nontechnical to minimize confusion, The information and instructions required
by this section shall be provided by department rule and shall include:
(a) Procedures to be followed when the property has been sold or conveyed.
(b) Instruction as to mailing the remittance and receipt along with a brief disclosure of the
availability of discounts.
(c) Notification about delinquency and interest for delinquent payment.
(d) Notification that failure to pay the amounts due will result in a tax certificate being issued
against the property.
(e) A brief statement outlining the responsibility of the tax collector, the property appraiser,
and the taxing authorities. This statement shall be accompanied by directions as to which office to
contact for particular questions or problems.
History.—s. 69, ch. 88-130; s. 8, ch. 88-216; s. 30, ch, 2011-151.
The 2016 Florida Statutes
Title XXIX
Chapter 403 View Entire Chapter
PUBLIC HEALTH ENVIRONMENTAL CONTROL
403.7049 Determination of full cost for solid waste management; local solid waste
management fees.—
(1) Each county and each municipality shall determine each year the full cost for solid waste
management within the service area of the county or municipality. The department shall establish
by rule the method for local governments to use in calculating full cost. In developing the rule, the
department shall examine the feasibility of the use of an enterprise fund process by local
governments in operating their solid waste management systems,
(2)(a) Each municipality shall establish a system to inform, no less than once a year, residential
and nonresidential users of solid waste management services within the municipality's service area
of the user's share, on an average or individual basis, of the full cost for solid waste management
as determined pursuant to subsection (1). Counties shall provide the information required of
municipalities only to residential and nonresidential users of solid waste management services
within the county's service area that are not served by a municipality. Municipalities shall include
costs charged to them or persons contracting with them far disposal of solid waste in the full cost
information provided to residential and nonresidential users of solid waste management services.
(b) Counties and municipalities are encouraged to operate their solid waste management
systems through use of an enterprise fund.
(3) For purposes of this section, "service area" means the area in which the county or
municipality provides, directly or by contract, solid waste management services. The provisions of
this section shall not be construed to require a person operating under a franchise agreement to
collect or dispose of solid waste within the service area of a county or municipality to make the
calculations or to establish a system to provide the information required under this section, unless
such person agrees to do so as part of such franchise agreement,
(4) Each county and each municipality which provides solid waste collection services, either
through its own operations or by contract, is encouraged to charge fees to each residential and
nonresidential user of the solid waste collection service which vary based upon the volume or
weight of solid waste that is collected from each user.
(5) In order to assist in achieving the municipal solid waste reduction goal and the recycling
provisions of s. 403.706(2), a county or a municipality which owns or operates a solid waste
management facility is hereby authorized to charge solid waste disposal fees which may vary based
on a number of factors, including, but not limited to, the amount, characteristics, and form of
recyclable materials present in the solid waste that is brought to the county's or the municipality's
facility for processing or disposal.
(6) En addition to all other fees required or allowed by law, a county or a municipality, at the
discretion of its governing body, may impose a fee for the services the county or municipality
provides with regard to the collection, processing, or disposal of solid waste, to be used for
developing and implementing a recycling program. For such fees, the local governing body of any
county or municipality may use the non -ad valorem levy, collection, and enforcement method as
provided for in chapter 197,
(7) This section does not prohibit a county, municipality, or other person from providing grants,
loans, or other aid to low-income persons to pay part or all of the costs of such persons' solid waste
management services.
History.—s. 9, ch. 88-130; s. 13, ch. 93-207; s, 19, ch. 2000-211; s. 5, ch. 2010-143.
DEP 2012 FULL COST ACCOUNTING FOR SOLID WASTE 62.708
MANAGEMENT
CHAPTER 62-708
FULL COST ACCOUNTING FOR SOLID WASTE MANAGEMENT
TABLE OF CONTENTS
62-708.100 Intent, (Repealed)
ravt,oz •.........).62-708.200 Definitions,
--fbade,
4"Id e4c'e"--1 62-708.300 Applicability. (Repealed)
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62.-708.400 Determination of the Full Cost of Solid Waste Management 4
oid erre'-'" 62-708.500 Public Disclosure of the Full Cost of Solid Waste Management, (Repealed) 4
Effective 2-16-12
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FULL COST ACCOUNTING FOR SOLID WASTE 62-708
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. 62-708.100 Intent. (Repealed)
Rulemaking Authority 403,061, 403,704, 403.7049 FS. Law Implemented: 403.7049,
FS. History: New 12-19-8J, Formerly 17-708.100; Repeated 2-16-1.2.
62-708.200 Definitions.
The definitions in Rule 62-701.020, F.A.C., are incorporated herein. tn .addition, the
following words or phrases as used in this rule, unless the context clearly indicates
otherwise, have the 'Following meanings:
(1) "Contract" means a written agreement including .a franchise agreement or
other legally binding arrangement, between a county or municipality and a person
providing solid waste management services within a county's. or municipality's service
area, pursuant to which a county or municipality either provides the revenue paid to an
outside contractor or regulates the rates charged by an outside contractor for providing
solid waste management services within its, service area,
(2) "County" means a political subdivision of the state established ,pursuant to
s. 1, Article VIII of the State Constitution, and for purposes of this rule includes a. special
district or other entity which has been granted the power to manage solid waste by
special act .or interlace! agreement.
(3) "Department" means the Department of Environmental Protection.
(4) "Direct costs" means those expenses Which are directly attributable to the
provision of solid waste management services that would be eliminated if the services
were discontinued.
(5) "Full cost" means the rate charged by the local government to the end user
for solid waste management services plus any other direct, indirect or outside contractor
costs associated with solid waste management services..
(6) Indireet costs" means those costs resulting from support or staff services
provided by one governmental department to: other departments or service providers.
Indirect costs may include, but are not limited to, administration, accounting, personnel,
purchasing, legal andother staff or departmental. services.
(7) "Municipality" .means a municipality created pursuant to general or special
law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State 'Constitution,
andlor purposes this rule includes a special district or other entity which has been
granted the power to manage solid waste by special act or interiocal agreement.
(8) "Non-residential user" shall have the same meaning as contained in the
contract, •ordinance, resolution or other such document controlling the provision of solid
waste management services within the service area of a county or municipality. Or, if
not definedin such documents, "non-residential user" shall mean the owner or tenant of
an. Improved property consisting of 8 bOilding or structure designed for non-residential
(commercial, governmental or industrial) uses.
Effective 2.16.12
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DEP 2012
MItlIksmatais"
FULL COST ACCOUNTING FOR SOLID WASTE 62-708
MANAGEMENT
(9) "Outside contractor" means a person providing solid waste management
services pursuant to a contract with a county ar municipality, but does not include
employees of that county or municipality.
(10) "Outside contractor costs" means those solid waste management service
costs_whicb oro jaled ehe.rged directly to a ,pounty. or I.M111..Q.[Pelity or directly to a
residential or non-residential user by an outside contractor in compliance with the
requirements of a contract with a county or municipaiity, pursuant to which contract the
county or municipality either provides the revenue paid to an outside contractor or
regulates the rates charged by an outside contractor for providing solid waste
management services within its serve area, "Outside contractor costs" shall not
include any solid waste management service casts billed or charged directly to a non-
residential user by an outside contractor, unless those.solid waste management
services are required to be provided by the outside contractor under its contract with the
county or municipality or the rates for those services are regulated by that contract.
(11) "Person" means any and all persons, natural or artifioial, including any
individual, firm or association; any municipal or private corporation organized ar existing
under the laws ef this state or any other state; any county of this state; and any
governmental agency of this state or the Federal Government.
(12) "Residential user" shall have the same meaning as contained in the.
contract, ordinance, resolution or other such document controlling the provision of solid
waste management services within the service area of a county or municipality. Or, if
not defined in such documents, "residential user" shall mean the owner or tenant of an
improved property consisting of a building, mobile home or portion thereof designed for
residential occupancy which is arranged, designed or used as living quarters,
(13) "Service area" means the area in which a county or municipality provides,
directly or by contract, solid waste management services,
(14) "Saild waste management services" means the process by which solid
waste is collected, transported, stored, separated, processed, recycled or disposed of In
any, other way, according to an orderly, purposeful and planned program.
Specific Authority: 403,081, 403.704, 403.7049, FS.
Law Implemented: 403.703, 403.7049, FS,
History: Now 12.19-89, Formerly 17-708.200.
62-708.300 Applicability, (Repealed)
Rulemaking Authority 403,061, 403.704, 403.7049 FS, Law Implemented; 403.7049,
F.S. History: New 12-19-89, Amended 11-11-90, Formerly 17-708.300, Repealed 2-16-
12.
Effective 2-16-12
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DEP 2012
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FULL COST ACCOUNTING FOR SOLID WASTE 62-708
MANAGEMENT
---->-•62-708.400 Determination of the Full Cost of Solid Waste Management.
(1) The full cost of solid waste management shall include the rate charged by
the county or municipality to the end user for solid waste management services plus any
other direct, indirect or outside contractor costs associated with solid waste
management services. The full cost includes, but is not limitecietothe following
elements:
(a) The rate charged to the user by the county and municipality for solid waste
management services, and outside contractor costs.
(b) Any direct or Indirect costs of providing the solid waste management
services which are incurred by and funded by or included in the budget of any fund of
the county or municipality which are not included In any user charge.
. (2) Thedisolosure information shall be divided into residential and none •
residential user categories. To the extent the service element Is provided directly or by
contract or interlocal agreement, the full poet calculated for each user category shall be
reported separately for the following solid waste management cost elements: solid
waste collection, solid waste disposal and recycling,
(3) All workpapers and the source documents used by the county or
municipality in calculating full cost and a copy of the full cost disclosure shall be
maintained on filefor a period of three years by the county or municipality. The file shall
be available for examination by the public and the Department during the normal
business hours of the county or municipality,
(4) Counties which have implemented a countywide special assessment or
other countywide revenue producing mechanism to fund any solid waste management
program or any cost' element of such a program shall consider the entire county as its
service area for the purpose of determining and reporting the full costs of that
countywicle solid waste program or cost element Municipalities and other entities that
are included within the service area and receive solid waste management services
which are funded as part of the countywide special assessment or other revenue
producing mechanism shall not include those countywide funded solid waste
management services in their calculation of full cost.
Specific Authority: 403.061, 403.704, 403.704.9, FS.
Law Implemented: 403.7049, FS.
History: New 12-19-89, Formerly 17-708.400,
62-708.600 Public Disclosure of the Full Cost of Solid Waste Management.
(Repealed)
Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented: 403,7049,
FS. History: New 12-19-89, Formerly 17-708,600, Repealed 2-16-12.
Effective 2-16-12
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